87R10584 CXP-D
 
  By: Rogers H.B. No. 3386
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a statewide requirement for natural gas generating
  capacity.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 39.9044, Utilities Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  Of the total amount of generating capacity installed in
  this state, [It is the intent of the legislature that] 50 percent
  must [of the megawatts of generating capacity installed in this
  state after January 1, 2000,] use natural gas. To the extent
  permitted by law, the commission shall establish a program to
  encourage utilities to comply with this section by using natural
  gas produced in this state as the preferential fuel. This section
  does not apply to generating capacity for renewable energy
  technologies.
         (a-1)  If the commission determines that the market price for
  natural gas at the wellhead in this state averages at least $6 per
  1,000 cubic feet for at least one month, the requirement
  established by Subsection (a) does not apply until the price
  averages less than $6 for at least one month.
         (c)  The [Not later than January 1, 2000, the] commission
  shall adopt rules necessary to administer and enforce this section
  and to perform any necessary studies in cooperation with the
  Railroad Commission of Texas. At a minimum, the rules shall:
               (1)  establish the minimum annual natural gas
  generation requirement for each power generation company,
  municipally owned utility, and electric cooperative operating in
  this state in a manner reasonably calculated by the commission to
  produce, on a statewide basis, compliance with the requirement
  prescribed by Subsection (a); and
               (2)  specify reasonable performance standards that all
  natural gas capacity additions must meet to count against the
  requirement prescribed by Subsection (a) and that:
                     (A)  are designed and operated so as to maximize
  the energy output from the capacity additions in accordance with
  then-current industry standards and best industry standards; and
                     (B)  encourage the development, construction, and
  operation of new natural gas energy projects at those sites in this
  state that have the greatest economic potential for capture and
  development of this state's environmentally beneficial natural gas
  resources.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Public Utility Commission of Texas shall adopt the
  rules necessary to administer and enforce Section 39.9044,
  Utilities Code, as amended by this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.