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  86R11213 JXC-F
 
  By: Patterson H.B. No. 2908
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to electricity pricing rules and operating procedures that
  eliminate or compensate for market distortion caused by certain
  federal tax credits.
         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.  MARKET DISTORTION RESPONSE. (a) The
  commission and the ERCOT independent system operator shall adopt
  rules, operating procedures, and protocols to eliminate or
  compensate for any distortion in electricity pricing in the ERCOT
  power region caused by a federal tax credit provided under 26 U.S.C.
  Section 45.
         (b)  Rules, operating procedures, and protocols adopted
  under this section must ensure that costs imposed on the system by
  the sale of electricity that is eligible for a federal tax credit
  provided under 26 U.S.C. Section 45, including costs of maintaining
  sufficient capacity to serve load at the summer peak demand caused
  by the loss of new investment from below-market prices, are paid by
  the parties that impose the costs.
         (c)  In conjunction with adopting rules, operating
  procedures, and protocols under this section, the commission and
  the ERCOT independent system operator shall eliminate any rules,
  operating procedures, or protocols that attempt to adjust
  electricity prices to reflect the value of reserves at different
  reserve levels based on the probability of reserves falling below
  the minimum contingency level and the value of lost load.
         SECTION 2.  This Act takes effect September 1, 2019.