87R11891 BRG-D
 
  By: Vasut H.B. No. 3090
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the required procurement of an alternative power supply
  for certain power generation facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 35, Utilities Code, is
  amended by adding Section 35.0021 to read as follows:
         Sec. 35.0021.  ALTERNATIVE POWER SUPPLY FOR INTERMITTENT
  POWER GENERATION FACILITIES. (a)  In this section, "intermittent
  power generation facility" means a power generation facility with a
  power output that, in the course of the facility's ordinary and
  proper operation, cannot be predicted, controlled, or varied at
  will. The term includes a solar or wind generation facility.
         (b)  An intermittent power generation facility, the
  construction of which began after September 1, 2021, may not
  operate in this state unless the owner of the facility certifies to
  the commission that, in the event of a power output disruption at
  the facility:
               (1)  the owner can supply or has a contract that
  guarantees the supply of not less than 50 percent of the facility's
  average output over a 48-hour period; and
               (2)  the owner's additional or contracted power supply
  comes from:
                     (A)  a power generation facility with a power
  output that, in the course of the facility's ordinary and proper
  operation, can be predicted, controlled, or varied at will,
  including a hydroelectric, biomass, natural gas, coal, or nuclear
  generation facility; or
                     (B)  an electric energy storage facility.
         SECTION 2.  This Act takes effect September 1, 2021.