BILL ANALYSIS

 

 

Senate Research Center	S.B. 2112
	By: Johnson
	Business & Commerce
	3/23/2023
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

All Texas residents, businesses, and communities rely on uninterrupted electrical power. The Texas Power Promise (TPP) fortifies Texas communities against sustained loss of electrical power and the resulting loss of critical and essential services, including, to name only a few: food and fuel, water and wastewater facilities, emergency and non-emergency medical care, senior living centers, police and fire, and other emergency operations. By facilitating and funding the design, procurement, installation, administration, and coordinated management of stand-alone, behind-the-meter, multi-day backup power sources for the facilities upon which communities rely, the TPP will make Texas communities safer and more resilient.

 

In addition, the TPP provides for improved outage management during loadshed events, by working directly with distribution service providers in conjunction with advancements in standalone backup power generation. TPP backup power facilities can be used as "islanded" (i.e., stand-alone, disconnected from the grid) operations to support vital community power loads when connected grid service fails; to enable transmission and distribution utilities to de-energize a facility's circuit for a limited time in order to rotate loads and manage outages among customers and communities; and, once the Public Utility Commission and ERCOT have established procedures to integrate aggregated distributed energy resources and virtual power plants into grid operation, to support power system reliability under emergency grid conditions, including provision of emergency generation, demand response, voltage support, and even blackstart power.

 

This plan will: Guide the design and development of standard backup power packages using commercially available equipment and standardized installation. Provide clear, simple, and easy processes for qualifying facilities to apply for, receive TPP funding, and deploy TPP backup power packages. Determine eligibility for facility participation. Fund and finance the procurement and installation of TPP backup power packages through Texas Power Resiliency Fund. Administer applications for and award grants and financing through Texas Division of Emergency Management (TDEM), and/or its designee. Authorize TDEM to create a mobile power fleet of geographically dispersed mobile generator or battery systems that can be deployed to communities in emergency conditions. Authorize and coordinate aggregation of TPP backup power packages to be operated to support regional power grid systems under emergency conditions. Finance and deploy electric utility equipment that makes possible greater sectionalization of power feeders. Update outage management strategies to exploit sectionalization technology upgrades and the availability of TPP backup power packages, to enable a more even distribution of and rotation loadshed among affected feeders, with the goal that no electric customers experience an intentional load-shed event longer than four hours at a time.

 

As proposed, S.B. 2112 amends current law relating to resources used to ensure the continuous provision of power.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the Texas Commission on Environmental Quality in SECTION 1 (Section 382.069, Health and Safety Code) of this bill.

 

Rulemaking authority is expressly granted to the State Energy Conservation Office in SECTION 2 (Section 418.405, Government Code) of this bill.

 

Rulemaking authority is expressly granted to the Public Utility Commission of Texas in SECTION 4 (Section 39.919, Utilities Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter C, Chapter 382, Health and Safety Code, by adding Section 382.069, as follows:

 

Sec. 382.069. TEXAS BACKUP POWER PACKAGE. (a) Defines "Texas backup power package."

 

(b) Requires the Texas Commission on Environmental Quality by rule to adopt a process to expedite the permitting of a Texas backup power package for which a permit is required under Chapter 382 (Clean Air Act).

 

SECTION 2. Amends Chapter 418, Government Code, by adding Subchapter K, as follows:

 

SUBCHAPTER K. TEXAS POWER PROMISE

 

Sec. 418.401. DEFINITIONS. Defines "fund," "Texas backup power package," "office," and "trust company."

 

Sec. 418.402. PURPOSE. Provides that the purpose of this subchapter is to facilitate and provide funding for:

 

(1) the design, procurement, installation, and use of Texas backup power packages for facilities on which communities rely for health, safety, and well-being; and

 

(2) the procurement and use of mobile sources of backup power to ensure the health, safety, and well-being of communities.

 

Sec. 418.403. DIVISION AUTHORITY. (a) Requires the Texas Division of Emergency Management (TDEM) to convene an advisory committee in the manner provided by Chapter 2110 (State Agency Advisory Committees), Government Code. Requires the advisory committee to include a person to represent the State Energy Conservation Office (SECO).

 

(b) Requires the advisory committee to recommend criteria for TDEM and SECO to employ in making a grant or loan under this subchapter.

 

(c) Requires TDEM to contract with a research entity that has experience in microgrid design to analyze critical facility characteristics and requirements in this state and develop for Texas backup power packages:

 

(1) sets of specifications for standard backup power packages of various sizes that can serve most critical facilities in this state; and

 

(2) specifications for standard interconnection, communications, and controls for Texas backup power packages.

 

Sec. 418.404. TEXAS BACKUP POWER PACKAGES. (a) Authorizes a grant or loan made under this subchapter to be provided only for the operation of a Texas backup power package that:

 

(1) is engineered to minimize operation costs;

 

(2) uses interconnection technology and controls that enable immediate islanding from the power grid and stand-alone operation for the host facility;

 

(3) is capable of operating for at least 48 continuous hours without refueling or connecting to a separate power source;

 

(4) is designed so that one or more Texas backup power packages can be aggregated on-site to serve not more than 2.5 megawatts of load at the host facility;

 

(5) provides power sourced from:

 

(A) a combination of natural gas or propane with photovoltaic panels and battery storage; or

 

(B) battery storage on an electric school bus; and

 

(6) is not used by the owner or host facility for the sale of energy or ancillary services.

 

(b) Authorizes Texas backup power packages to be aggregated and operated to support the power grid under emergency conditions if the operation does not compromise a Texas backup power package's capability to provide power to its host facility for at least 24 hours of operation without refueling or connecting to a separate power source.

 

Sec. 418.405. GRANTS AND LOANS. (a) Requires TDEM and SECO to collaborate to provide grants and loans under this subchapter.

 

(b) Provides that SECO is responsible for awarding grants and loans and entering into agreements under this subchapter. Authorizes SECO by rule to establish procedures for:

 

(1) the application for and award of a grant or loan under this subchapter; and

 

(2) the administration of the Texas power resiliency fund (fund).

 

(c) Prohibits the amount of a grant provided under this subchapter from exceeding $500 per kilowatt of capacity.

 

(d) Authorizes SECO to provide a loan under this subchapter for procurement and operating costs.

 

(e) Requires SECO to maintain and publish a list of approved vendors eligible to assist with the sale, installation, operation, and ongoing maintenance of Texas backup power packages.

 

(f) Prohibits SECO from providing a grant or loan under this subchapter for:

 

(1) a commercial energy system, a private school, or a for-profit entity that does not directly serve public safety and human health; or

 

(2) a source of backup power that does not follow the design and use standards of a Texas backup power package.

 

(g) Provides that a grant or loan awarded by SECO under this subchapter is not subject to a restriction on repayment imposed by Chapter 447 (State Energy Conservation Office) or 2305 (Restitution for Oil Overcharges) on other grants or loans awarded by SECO.

 

Sec. 418.406. MOBILE BACKUP POWER FLEET. Authorizes TDEM to use money from the fund to procure and deploy mobile sources of backup power to ensure the health, safety, and well-being of communities.

 

Sec. 418.407. FUND. (a) Provides that the fund is a special fund in the state treasury outside the general revenue fund to be administered and used, without further appropriation, by:

 

(1) SECO for the purposes described by Section 418.405; and

 

(2) TDEM for the purposes described by Section 418.406.

 

(b) Provides that the fund and the fund's accounts are kept and held by the Texas Treasury Safekeeping Trust Company (trust company) for and in the name of SECO. Provides that SECO has legal title to money and investments in the fund until money is disbursed from the fund as provided by this subchapter and SECO rules.

 

(c) Authorizes money deposited to the credit of the fund to be used only as provided by this subchapter.

 

(d) Provides that the fund consists of:

 

(1) money transferred or deposited to the credit of the fund by or as authorized by law, including money from any source transferred or deposited to the credit of the fund at SECO's discretion;

 

(2) revenue, including the proceeds of any fee, assessment, or tax imposed by this state, that general law dedicates for deposit to the credit of the fund; and

 

(3) investment earnings and interest earned on money in the fund.

 

Sec. 418.408. MANAGEMENT AND INVESTMENT OF FUND. (a) Requires the trust company to hold and invest the fund, and any accounts established in the fund, for and in the name of SECO, taking into account the purposes for which money in the fund is authorized to be used. Authorizes the fund to be invested with the state treasury pool.

 

(b) Provides that the overall objective for the investment of the fund is to maintain sufficient liquidity to meet the needs of the fund while striving to preserve the purchasing power of the fund.

 

(c) Provides that the trust company has any power necessary to accomplish the purposes of managing and investing the assets of the fund. Authorizes the trust company, in managing the assets of the fund, through procedures and subject to restrictions the trust company considers appropriate, to acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.

 

(d) Authorizes the trust company to charge fees to cover its costs incurred in managing and investing the fund. Requires that the fees be consistent with the fees the trust company charges other state and local governmental entities for which it provides investment management services. Authorizes the trust company to recover fees it charges under this subsection only from the earnings of the fund.

 

(e) Requires the trust company annually to provide a written report to SECO with respect to the investment of the fund. Requires the trust company to contract with a certified public accountant to conduct an independent audit of the fund annually and to present the results of each annual audit to SECO. Provides that this subsection does not affect the state auditor's authority to conduct an audit of the fund under Chapter 321 (State Auditor).

 

(f) Requires the trust company to adopt a written investment policy that is appropriate for the fund. Requires the trust company to present the investment policy to the investment advisory board established under Section 404.028 (Investment Advisory Board). Requires the investment advisory board to submit to the trust company recommendations regarding the policy.

 

(g) Requires SECO annually to provide to the trust company a forecast of the cash flows into and out of the fund. Requires SECO to provide updates to the forecasts as appropriate to ensure that the trust company is able to achieve the objective specified by Subsection (b).

 

(h) Requires the trust company to disburse money from the fund as directed by SECO.

 

(i) Provides that an investment-related contract entered into under this section is not subject to Chapter 2260 (Resolution of Certain Contract Claims Against the State).

 

SECTION 3. Amends Section 38.076, Utilities Code, by adding Subsection (c-1), to require the Public Utility Commission of Texas (PUC) to require transmission and distribution utilities to use good faith efforts to ensure that no distribution feeder is subject to load shedding for more than four consecutive hours in a six-hour period.�����������

 

SECTION 4. Amends Subchapter Z, Chapter 39, Utilities Code, by adding Section 39.919, as follows:

 

Sec. 39.919. TEXAS BACKUP POWER PACKAGES. (a) Defines "Texas backup power package."

 

(b) Requires the PUC by rule to adopt procedures to expedite electric cooperative, municipally owned utility, and electric utility interconnection requests for Texas backup power packages.

 

SECTION 5. Provides that this Act takes effect on the date on which the constitutional amendment proposed by the 88th Legislature, Regular Session, 2023, providing for the creation of the Texas power resiliency fund to finance backup power sources takes effect. Provides that if that amendment is not approved by the voters, this Act has no effect.