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

	A BILL TO BE ENTITLED
	AN ACT
	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).  [The criteria must include a comparison
	of the estimated cost of the transmission project for consumers and
	the estimated congestion cost savings for consumers that may result
	from the transmission project, considering both current and future
	expected congestion levels and the transmission project's ability
	to reduce those congestion levels.] The commission shall include
	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 [the first anniversary of] the date the application
	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.