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A BILL TO BE ENTITLED
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AN ACT
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relating to programs to provide assistance for certain electric |
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customers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.002, Utilities Code, as amended by |
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Chapters 908 (H.B. 4492) and 950 (S.B. 1580), Acts of the 87th |
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Legislature, Regular Session, 2021, is reenacted and amended to |
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read as follows: |
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Sec. 39.002. APPLICABILITY. This chapter, other than |
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Sections 39.151, 39.1516, 39.155, 39.157(e), 39.159, 39.160, |
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39.203, 39.9035, 39.9036, 39.904, 39.9051, 39.9052, and 39.914(e), |
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and Subchapters M and N, does not apply to a municipally owned |
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utility or an electric cooperative. Sections 39.157(e), 39.203, |
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and 39.904, however, apply only to a municipally owned utility or an |
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electric cooperative that is offering customer choice. If there is |
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a conflict between the specific provisions of this chapter and any |
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other provisions of this title, except for Chapters 40 and 41, the |
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provisions of this chapter control. |
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SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Sections 39.9035 and 39.9036 to read as follows: |
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Sec. 39.9035. EMERGENCY ON-SITE GENERATOR FUND. (a) In |
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this section, "fund" means the emergency on-site generator fund. |
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(b) The fund is an account in the general revenue fund. |
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Money in the account may be appropriated only for the program |
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described by Subsection (e) or as provided by other law. |
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(c) The fund consists of: |
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(1) money appropriated, credited, or transferred to |
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the fund by the legislature; |
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(2) gifts or grants contributed to the fund; and |
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(3) interest earned on deposits and investments of the |
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fund. |
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(d) The commission shall administer the fund. |
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(e) The commission shall establish a program to provide |
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funding to assist entities for whom electric service is considered |
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crucial for the protection or maintenance of public safety with |
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procuring emergency on-site generators or comparable emergency |
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on-site power sources for use during a power outage. |
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(f) Assistance under the fund may only be used to procure an |
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emergency on-site generator or comparable emergency on-site power |
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source that: |
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(1) has a capacity of less than 10 megawatts; and |
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(2) is not operated in parallel with the transmission |
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or distribution system. |
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(g) An entity that receives assistance under the fund to |
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procure an emergency on-site generator or comparable emergency |
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on-site power source: |
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(1) must use the equipment exclusively for power |
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consumption by the entity at the entity's facilities; and |
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(2) may not: |
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(A) sell any surplus power generated by the |
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equipment; or |
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(B) participate in a load reduction program for |
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compensation. |
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(h) The sale of an emergency on-site generator or comparable |
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emergency on-site power source to an entity eligible for assistance |
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under the fund is a competitive energy service. |
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(i) The commission shall adopt rules necessary to |
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administer this section, including rules establishing eligibility |
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criteria for assistance under the fund. |
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Sec. 39.9036. LOW-INCOME CRITICAL CARE RESIDENTIAL |
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CUSTOMER ASSISTANCE FUND. (a) In this section: |
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(1) "Critical care residential customer" has the |
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meaning assigned by Section 17.002. |
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(2) "Eligible device" means electrically powered |
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medical equipment that mechanically or artificially sustains life |
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or restores or replaces a vital physical function, including a home |
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dialysis machine or a home oxygen concentrator. |
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(3) "Fund" means the low-income critical care |
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residential customer assistance fund. |
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(4) "Low-income customer" means an electric customer |
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designated as a low-income customer under Section 17.007 and |
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commission rules. |
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(5) "Portable backup battery" means a back-up battery |
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system that is capable of being operated without being connected to |
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an electric service panel. |
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(b) The fund is an account in the general revenue fund. |
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Money in the account may be appropriated only for the program |
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described by Subsection (e) or as provided by other law. |
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(c) The fund consists of: |
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(1) money appropriated, credited, or transferred to |
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the fund by the legislature; |
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(2) gifts or grants contributed to the fund; and |
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(3) interest earned on deposits and investments of the |
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fund. |
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(d) The commission shall administer the fund. |
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(e) The commission shall establish a program to provide |
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funding to low-income critical care residential customers to secure |
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portable backup batteries to operate eligible devices in the |
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customers' homes during a power outage. |
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(f) Assistance under the fund may only be used to procure a |
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portable backup battery that when fully charged and operated |
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correctly is capable of running an eligible device for up to 48 |
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hours. |
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(g) The sale or provision of a portable backup battery to a |
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person who receives assistance under the fund is a competitive |
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energy service. |
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(h) The commission may enable funding to be made available |
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to competitive energy service providers through an energy |
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efficiency program under Section 39.905. |
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(i) The commission shall adopt rules necessary to |
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administer this section. |
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SECTION 3. It is the intent of the 88th Legislature, Regular |
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Session, 2023, that the amendments made by this Act be harmonized |
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with another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2023. |