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A BILL TO BE ENTITLED
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AN ACT
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relating to electricity service in areas of this state with a need |
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for transmission projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.056(c) and (c-1), Utilities Code, |
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are amended to read as follows: |
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(c) The commission shall grant each certificate on a |
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nondiscriminatory basis after considering: |
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(1) the adequacy of existing service; |
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(2) the need for additional service; |
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(3) the effect of granting the certificate on the |
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recipient of the certificate and any electric utility serving the |
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proximate area; and |
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(4) other factors, such as: |
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(A) community values; |
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(B) recreational and park areas; |
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(C) historical and aesthetic values; |
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(D) environmental integrity; |
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(E) the probable improvement of service or |
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lowering of cost to consumers in the area if the certificate is |
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granted, including any potential economic or reliability benefits |
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associated with dual fuel and fuel storage capabilities in areas |
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outside the ERCOT power region; and |
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(F) the need for extending transmission service |
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where existing or projected electrical loads will be underserved, |
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including where: |
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(i) the existing transmission service is |
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unreasonably remote; |
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(ii) the available capacity is unreasonably |
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limited at transmission or distribution voltage level; or |
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(iii) the electrical load cannot be |
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interconnected in a timely manner [to the extent applicable, the |
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effect of granting the certificate on the ability of this state to |
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meet the goal established by Section 39.904(a) of this title]. |
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(c-1) In considering the need for additional service under |
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Subsection (c)(2) for a reliability transmission project that |
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serves the ERCOT power region or under Subsection (c)(4)(F), the |
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commission must consider the historical load, forecasted load |
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growth, and additional load currently seeking interconnection, |
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including load for which the electric utility has yet to sign an |
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interconnection agreement, as determined by the electric utility |
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with the responsibility for serving the load. |
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SECTION 2. Section 37.057, Utilities Code, is amended to |
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read as follows: |
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Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION |
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FACILITY. The commission must approve or deny an application for a |
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certificate for a new transmission facility not later than the |
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180th day after [the first anniversary of] the date the application |
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is filed. If the commission does not approve or deny the |
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application on or before that date, a party may seek a writ of |
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mandamus in a district court of Travis County to compel the |
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commission to decide on the application. |
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SECTION 3. Subchapter D, Chapter 39, Utilities Code, is |
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amended by adding Sections 39.166 and 39.167 to read as follows: |
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Sec. 39.166. RELIABILITY PLAN FOR REGIONS WITH RAPID |
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ELECTRICAL LOAD GROWTH. If the commission identifies a region in |
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which transmission capacity is insufficient to meet the region's |
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existing and forecasted electrical load, as reasonably determined |
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by the certificated transmission service provider, the commission |
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shall develop and implement a reliability plan to serve existing |
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and forecasted electrical load in the identified region. The plan |
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shall ensure timely planning, identification, and approval of |
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necessary transmission service improvements under existing rules. |
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Sec. 39.167. RELIABILITY PLAN FOR PERMIAN BASIN. (a) Not |
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later than January 30, 2024, the commission shall develop a |
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reliability plan under Section 39.166 for the Permian Basin region. |
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(b) The plan must: |
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(1) address extending transmission service to areas |
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where mineral resources have been found; |
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(2) address increasing available capacity to meet |
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forecasted load for the next decade; and |
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(3) provide available infrastructure to reduce |
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interconnection times in areas without access to transmission |
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service. |
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(c) This section expires September 1, 2025. |
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SECTION 4. The changes in law made by this Act apply only to |
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a proceeding affecting a certificate of public convenience and |
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necessity that commences on or after the effective date of this Act. |
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A proceeding affecting a certificate of public convenience and |
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necessity that commenced before the effective date of this Act is |
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governed by the law in effect on the date the proceeding is |
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commenced, and that law is continued in effect for that purpose. |
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SECTION 5. 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. |