S.B. No. 1281
 
 
 
 
AN ACT
  relating to a reliability assessment of the ERCOT power grid and
  certificates of public convenience and necessity for certain
  transmission projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.052, Utilities Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An electric utility is not required to amend the
  utility's certificate of public convenience and necessity to
  construct a transmission line that connects the utility's existing
  transmission facilities to a substation or metering point if:
               (1)  the transmission line does not exceed:
                     (A)  three miles in length, if the line connects
  to a load-serving substation or metering point; or
                     (B)  two miles in length, if the line connects to a
  generation substation or metering point;
               (2)  each landowner whose property would be directly
  affected by the transmission line, as provided by commission rules,
  provides written consent for the transmission line; and
               (3)  all rights-of-way necessary for construction of
  the transmission line have been purchased.
         SECTION 2.  Section 37.056, Utilities Code, is amended by
  adding Subsection (c-1) and amending Subsection (d) to read as
  follows:
         (c-1)  In considering the need for additional service under
  Subsection (c)(2) for a reliability transmission project that
  serves the ERCOT power region, the commission must consider the
  historical load, forecasted load growth, and additional load
  currently seeking interconnection.
         (d)  The commission by rule shall establish criteria, in
  addition to the criteria described by Subsection (c), for granting
  a certificate for a transmission project that serves the ERCOT
  power region, that is not necessary to meet state or federal
  reliability standards, and that is not included in a plan developed
  under Section 39.904(g) [does not serve a competitive renewable
  energy zone]. The criteria must include a comparison of the
  estimated cost of the transmission project for consumers and the
  estimated congestion cost savings for consumers that may result
  from the transmission project, considering both current and future
  expected congestion levels and the transmission project's ability
  to reduce those congestion levels. The commission shall include
  with its decision on an application for a certificate to which this
  subsection applies findings on the criteria.
         SECTION 3.  Subchapter D, Chapter 39, Utilities Code, is
  amended by adding Section 39.159 to read as follows:
         Sec. 39.159.  GRID RELIABILITY ASSESSMENT. (a)  The
  independent organization certified under Section 39.151 for the
  ERCOT power region shall conduct a biennial assessment of the ERCOT
  power grid to assess the grid's reliability in extreme weather
  scenarios.
         (b)  Each assessment must:
               (1)  consider the impact of different levels of thermal
  and renewable generation availability; and
               (2)  recommend transmission projects that may increase
  the grid's reliability in extreme weather scenarios.
         SECTION 4.  The changes in law made by this Act apply only to
  a proceeding affecting a certificate of public convenience and
  necessity that commences on or after the effective date of this Act.
  A proceeding affecting a certificate of public convenience and
  necessity that commenced before the effective date of this Act is
  governed by the law in effect on the date the proceeding is
  commenced, and that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1281 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0;
  May 28, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 28, 2021, House
  granted request of the Senate; May 30, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1281 passed the House, with
  amendments, on May 26, 2021, by the following vote:  Yeas 142,
  Nays 1, two present not voting; May 28, 2021, House granted request
  of the Senate for appointment of Conference Committee;
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 137, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor