By: Hancock  S.B. No. 1281
         (In the Senate - Filed March 9, 2021; March 18, 2021, read
  first time and referred to Committee on Business & Commerce;
  April 9, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 9, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1281 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to 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 load-serving substation or metering
  point if:
               (1)  the transmission line does not exceed three miles
  in length;
               (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(d), Utilities Code, is amended to
  read as follows:
         (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 cost savings for consumers that may result from the
  transmission project. The commission shall include with its
  decision on an application for a certificate to which this
  subsection applies findings on the criteria.
         SECTION 3.  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 4.  This Act takes effect September 1, 2021.
 
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