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A BILL TO BE ENTITLED
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AN ACT
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relating to the prevention of and response to blackout conditions |
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in the ERCOT power region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 39, Utilities Code, is |
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amended by adding Section 39.159 to read as follows: |
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Sec. 39.159. ENSURING RESERVE POWER CAPACITY. (a) The |
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commission by rule shall develop a process for obtaining emergency |
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reserve power generation capacity as appropriate to prevent |
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blackout conditions caused by shortages of generated power in the |
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ERCOT power region. The rules must provide: |
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(1) parameters for estimating the amount of emergency |
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reserve power generation capacity necessary to prevent blackout |
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conditions; and |
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(2) mechanisms for equitably sharing the costs of |
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making the reserve capacity available and the costs of generated |
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power provided to prevent blackout conditions. |
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(b) In accordance with rules adopted under Subsection (a), |
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an independent organization certified under Section 39.151 for the |
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ERCOT power region shall adopt procedures and enter contracts as |
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necessary to ensure the availability of a defined amount of |
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emergency reserve power generation capacity the organization may |
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call on to prevent blackouts caused by shortages of generated |
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power. |
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(c) Before the independent organization calls on the |
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emergency reserve power generation capacity to prevent blackout |
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conditions, the organization shall use all other sources of power |
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and demand reduction available in accordance with commission rules |
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adopted under this section. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.9031 to read as follows: |
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Sec. 39.9031. DISASTER BILL PAYMENT ASSISTANCE. (a) The |
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commission shall establish a program to provide bill payment |
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assistance using state money appropriated for that purpose to |
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retail customers of municipally owned utilities, electric |
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cooperatives, and retail electric providers in the ERCOT power |
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region. |
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(b) The program must: |
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(1) provide assistance only for unusually high bills |
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for services provided after February 13, 2021, and before February |
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19, 2021, to low-income customers; |
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(2) establish criteria for determining whether a bill |
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is unusually high; |
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(3) allow a customer to apply for assistance to the |
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municipally owned utility, electric cooperative, or retail |
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electric provider that served the customer during the time period |
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in Subdivision (1); and |
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(4) require a municipally owned utility, electric |
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cooperative, or retail electric provider that receives an |
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application under Subdivision (3) to: |
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(A) submit the application to the commission; and |
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(B) provide to the customer any assistance sent |
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by the commission to the utility, cooperative, or provider in |
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response to the application. |
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(c) The commission shall consult with the counsellor to |
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adopt appropriate criteria for designating a customer as low-income |
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for the purposes of this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |