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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of electricity service in the ERCOT power |
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region. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 39.101(b), Utilities Code, is amended to |
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read as follows: |
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(b) A customer is entitled: |
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(1) to be informed about rights and opportunities in |
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the transition to a competitive electric industry; |
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(2) to choose the customer's retail electric provider |
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consistent with this chapter, to have that choice honored, and to |
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assume that the customer's chosen provider will not be changed |
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without the customer's informed consent; |
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(3) to have access to providers of energy efficiency |
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services, to on-site distributed generation, and to providers of |
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energy generated by renewable energy resources; |
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(4) to be served by a provider of last resort that |
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offers a commission-approved standard service package; |
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(5) to receive sufficient information to make an |
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informed choice of service provider; |
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(6) to be protected from unfair, misleading, or |
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deceptive practices, including protection from being billed for |
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services that were not authorized or provided; [and] |
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(7) to have an impartial and prompt resolution of |
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disputes with its chosen retail electric provider and transmission |
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and distribution utility; |
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(8) to participation in demand response programs |
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through retail electric providers and demand response providers; |
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and |
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(9) to receive notice from the retail electric |
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provider that serves the customer: |
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(A) when the independent organization certified |
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under Section 39.151 for the ERCOT power region issues an emergency |
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energy alert about low operating reserves to providers of |
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generation in the power region; or |
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(B) of planned outages and the length of time the |
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outages are expected to last. |
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SECTION 2. Section 39.905, Utilities Code, is amended by |
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adding Subsections (a-1) and (b-2) to read as follows: |
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(a-1) In addition to meeting the demand goals provided by |
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Subsection (a), each electric utility shall also meet an annual |
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energy savings goal of: |
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(1) one-fourth of one percent annual energy savings in |
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the 2024 calendar year; |
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(2) one-half of one percent annual energy savings in |
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the 2025 calendar year; |
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(3) three-fourths of one percent annual energy savings |
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in the 2026 calendar year; and |
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(4) one percent annual energy savings beginning with |
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the 2027 calendar year. |
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(b-2) The commission by rule shall provide a method to |
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establish each utility's annual savings goal under Subsection |
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(a-1). The method must be based on the existing and expected usage |
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of electricity delivered in a utility's service area that is |
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required to pay the annual energy efficiency cost recovery fee. In |
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adopting rules, the commission may provide for cost caps for the |
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implementation of Subsection (a-1) and provide good cause |
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exceptions for a utility that is unable to meet the goal in a |
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cost-effective manner. |
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SECTION 3. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.919 to read as follows: |
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Sec. 39.919. RESIDENTIAL DEMAND RESPONSE PROGRAM. (a) The |
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commission by rule shall require each retail electric provider in |
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the ERCOT power region to create a residential demand response |
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program to reduce the average total residential load by at least: |
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(1) one percent of peak summer and winter demand by |
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December 31, 2024; |
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(2) two percent of peak summer and winter demand by |
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December 31, 2025; |
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(3) three percent of peak summer and winter demand by |
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December 31, 2026; and |
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(4) five percent of peak summer and winter demand by |
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December 31, 2027. |
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(b) The rules must: |
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(1) ensure that demand response participation is |
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reasonably available to residential customers; |
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(2) promote the use of smart metering technology; |
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(3) ensure that demand response programs are capable |
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of responding to an emergency energy alert about low operating |
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reserves issued by the independent organization certified under |
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Section 39.151 for the ERCOT power region; |
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(4) provide opportunities for demand response |
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providers to contract with retail electric providers to provide |
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demand response services; and |
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(5) ensure the program does not impact the critical |
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needs of vulnerable populations. |
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SECTION 4. The Public Utility Commission of Texas shall |
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adopt rules to implement the changes made by this Act to Section |
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39.905, Utilities Code, not later than December 31, 2023. |
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SECTION 5. This Act takes effect September 1, 2023. |