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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 that offer demand response |
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programs; and |
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(9) to receive notice from the retail electric |
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provider that serves the customer when the independent organization |
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certified under Section 39.151 for the ERCOT power region issues an |
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emergency energy alert. |
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SECTION 2. 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. AVERAGE TOTAL RESIDENTIAL LOAD REDUCTION |
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GOALS. (a) The commission by rule shall establish goals in the |
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ERCOT power region to reduce the average total residential load. |
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(b) The rules adopted under Subsection (a) must provide for |
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the adoption of a program that: |
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(1) provides demand response participation to |
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residential customers where reasonably available; |
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(2) promotes the use of smart metering technology; |
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(3) is capable of responding to an emergency energy |
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alert about low operating reserves issued by the independent |
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organization certified under Section 39.151 for the ERCOT power |
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region; |
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(4) provides opportunities for demand response |
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providers to contract with retail electric providers to provide |
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demand response services; |
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(5) ensures the program does not impact the critical |
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needs of vulnerable populations; |
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(6) facilitates the widespread deployment of smart |
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responsive appliances and devices in a manner that enables the |
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customer's appliance or device to be enrolled as part of a demand |
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response product or plan offered by a retail electric provider; |
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(7) establishes the method by which the components of |
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the ratio described by Subsection (c) are calculated for purposes |
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of determining whether the goals described by Subsection (a) have |
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been achieved; |
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(8) provides for achievement of demand reductions |
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within both summer and winter seasons; and |
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(9) allows a retail electric provider that offers a |
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demand response program under this section to obtain funding for |
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the demand response program through an energy efficiency incentive |
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program established under Section 39.905. |
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(c) The goals described by Subsection (a) must be calculated |
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as a ratio by dividing the amount of load reduced at peak demand by |
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the total amount of demand, at the same time, of all residential |
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customers who have responsive appliances or devices at their |
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premises that reduce the electric consumption of the customers. |
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SECTION 3. The Public Utility Commission of Texas shall |
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adopt rules as necessary for the adoption of a program to begin |
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facilitating the widespread deployment of appliances and devices |
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capable of being part of a demand response product or plan offered |
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by a retail electric provider, as provided by Section 39.919(b)(6), |
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Utilities Code, as added by this Act, before December 31, 2024. |
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SECTION 4. 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. |
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