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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of load management programs by |
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transmission and distribution utilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.075(e), Utilities Code, is amended to |
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read as follows: |
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(e) Notwithstanding any other provision of this subtitle, |
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the commission shall allow a transmission and distribution utility |
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to design and operate one or more [a] load management programs |
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[program for nonresidential customers] to be used where the |
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independent organization certified under Section 39.151 for the |
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ERCOT power region has declared a Level 2 Emergency or a higher |
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level of emergency or has otherwise directed the transmission and |
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distribution utility to shed load. A load management program |
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operated under this subsection must include only customers who have |
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agreed in writing to participate. A transmission and distribution |
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utility operating [implementing] a load management program under |
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this subsection shall be permitted to recover the reasonable and |
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necessary costs of the load management program under Chapter 36. A |
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load management program operated under this subsection is not |
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considered a competitive service. |
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SECTION 2. 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, 2023. |