Bill Text: TX HB2848 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the approval of a certificate of public convenience and necessity for certain transmission projects.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2023-04-24 - Committee report sent to Calendars [HB2848 Detail]
Download: Texas-2023-HB2848-Comm_Sub.html
88R22860 DIO-F | |||
By: Darby, Guillen, Hernandez, Slawson, | H.B. No. 2848 | ||
Burrows | |||
Substitute the following for H.B. No. 2848: | |||
By: Smithee | C.S.H.B. No. 2848 |
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relating to the approval of a certificate of public convenience and | ||
necessity for certain transmission projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.056, Utilities Code, is amended by | ||
amending Subsections (c-1) and (d) and adding Subsections (d-1) and | ||
(d-2) to read as follows: | ||
(c-1) In considering the need for additional service under | ||
Subsection (c)(2) for a reliability transmission project that | ||
serves the ERCOT power region, the commission must consider the | ||
historical load, forecasted load growth, and additional load | ||
currently seeking interconnection, including load for which the | ||
electric utility has yet to sign an interconnection agreement, as | ||
determined by the electric utility with the responsibility for | ||
serving the load. | ||
(d) The commission by rule shall establish criteria, in | ||
addition to the criteria described by Subsection (c), for granting | ||
a certificate for a transmission project that serves the ERCOT | ||
power region, that is not necessary to meet state or federal | ||
reliability standards, and that is not included in a plan developed | ||
under Section 39.904(g). [ |
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with its decision on an application for a certificate to which this | ||
subsection applies findings on the criteria. The criteria must: | ||
(1) include a comparison of the estimated cost of the | ||
transmission project to consumers and the estimated congestion cost | ||
savings for consumers that may result from the project, considering | ||
both current and expected congestion levels and the project's | ||
ability to reduce those levels; | ||
(2) address: | ||
(A) other benefits of the transmission project, | ||
including deferral of reliability upgrade costs, reduction of | ||
transmission system losses, and reduction of operating reserve | ||
costs; | ||
(B) solutions to relieve generic transmission | ||
constraints; | ||
(C) potential for increasing transmission system | ||
reliability, resiliency, and operational flexibility; | ||
(D) potential for minimizing outage moratoria | ||
and transmission system congestion by employing planning criteria | ||
that include contingencies for a planned outage followed by an | ||
unplanned outage under peak conditions; and | ||
(E) the operational benefits and reduced impacts | ||
on affected landowners of constructing new transmission lines | ||
operating at or below 345 kilovolts as double circuit capable | ||
lines; | ||
(3) evaluate: | ||
(A) the costs of the transmission project on a | ||
levelized basis over the life of the project; and | ||
(B) the benefits of the transmission project on a | ||
levelized basis over the life of the project or the longest period | ||
determined to be reasonable by the commission; and | ||
(4) in high growth areas and areas experiencing or | ||
expected to experience rapid growth in power demand, including | ||
coastal regions, oil and gas producing, processing, or refining | ||
regions, and semiconductor manufacturing regions, prioritize the | ||
development of additional and sufficient transmission capacity to | ||
provide flexibility to serve new load. | ||
(d-1) For a transmission project described by Subsection | ||
(d), the commission shall require all new transmission lines | ||
operating at or below 345 kilovolts to be constructed as double | ||
circuit capable lines unless the electric utility requests an | ||
exception. | ||
(d-2) For a transmission project described by Subsection | ||
(d)(4), the applicant for the transmission project certificate | ||
shall submit a copy of the application to the independent | ||
organization certified under Section 39.151 for the ERCOT power | ||
region. The independent organization shall review and provide the | ||
commission with the organization's recommendations regarding the | ||
application not later than the 90th day after the date the | ||
application is received. If the organization fails to provide the | ||
commission with its recommendations before the 91st day after the | ||
date the application is received, the commission shall consider the | ||
transmission project to be a project that meets the need for | ||
additional service under this section. | ||
SECTION 2. Section 37.057, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION | ||
FACILITY. The commission must approve or deny an application for a | ||
certificate for a new transmission facility not later than the | ||
181st day after [ |
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is filed. If the commission does not approve or deny the | ||
application on or before that date, a party may seek a writ of | ||
mandamus in a district court of Travis County to compel the | ||
commission to decide on the application. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a proceeding affecting a certificate of public convenience and | ||
necessity that commences on or after the effective date of this Act. | ||
A proceeding affecting a certificate of public convenience and | ||
necessity that commenced before the effective date of this Act is | ||
governed by the law in effect on the date the proceeding is | ||
commenced, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |