Bill Text: TX HB857 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the legislature's goals for renewable electric generating capacity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-02 - Referred to State Affairs [HB857 Detail]
Download: Texas-2015-HB857-Introduced.html
84R1739 DDT-D | ||
By: Sanford | H.B. No. 857 |
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relating to the legislature's goals for renewable electric | ||
generating capacity. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2305.0322(b)(5), Government Code, is | ||
amended to read as follows: | ||
(5) "Renewable energy technology" has the meaning | ||
assigned by Section 39.916 [ |
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SECTION 2. Section 36.053(d), Utilities Code, is amended to | ||
read as follows: | ||
(d) If the commission issues a certificate of convenience | ||
and necessity or if the commission, acting under the authority | ||
formerly provided by Section 39.203(e), ordered [ |
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electric utility or a transmission and distribution utility to | ||
construct or enlarge transmission or transmission-related | ||
facilities to facilitate meeting the goal for generating capacity | ||
from renewable energy technologies under former Section 39.904(a), | ||
the commission shall find that the facilities are used and useful to | ||
the utility in providing service for purposes of this section and | ||
are prudent and includable in the rate base, regardless of the | ||
extent of the utility's actual use of the facilities. | ||
SECTION 3. Section 37.051(f), Utilities Code, is amended to | ||
read as follows: | ||
(f) The commission shall consider the requirements of | ||
Subsection (e) to have been met by an electric utility or other | ||
person that: | ||
(1) was [ |
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transmission provider under a plan adopted by the commission under | ||
former Section 39.904 not later than September 1, 2009; and | ||
(2) before the certificate is issued, provides to the | ||
commission a detailed plan regarding the offices, personnel, and | ||
other resources the electric utility or other person will have in | ||
this state to ensure provision of continuous and adequate | ||
transmission service. | ||
SECTION 4. Section 37.0541, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.0541. CONSOLIDATION OF CERTAIN PROCEEDINGS. The | ||
commission shall consolidate the proceeding on an application to | ||
obtain or amend a certificate of convenience and necessity for the | ||
construction of a transmission line with the proceeding on another | ||
application to obtain or amend a certificate of convenience and | ||
necessity for the construction of a transmission line if it is | ||
apparent from the applications or a motion to intervene in either | ||
proceeding that the transmission lines that are the subject of the | ||
separate proceedings share a common point of interconnection. | ||
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SECTION 5. Sections 37.056(c) and (d), Utilities Code, are | ||
amended to read as follows: | ||
(c) The commission shall grant each certificate on a | ||
nondiscriminatory basis after considering: | ||
(1) the adequacy of existing service; | ||
(2) the need for additional service; | ||
(3) the effect of granting the certificate on the | ||
recipient of the certificate and any electric utility serving the | ||
proximate area; and | ||
(4) other factors, such as: | ||
(A) community values; | ||
(B) recreational and park areas; | ||
(C) historical and aesthetic values; | ||
(D) environmental integrity; and | ||
(E) the probable improvement of service or | ||
lowering of cost to consumers in the area if the certificate is | ||
granted[ |
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(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 and [ |
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reliability standards[ |
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the estimated cost of the transmission project and the estimated | ||
cost savings that may result from the transmission project. The | ||
commission shall include with its decision on an application for a | ||
certificate to which this subsection applies findings on the | ||
criteria. | ||
SECTION 6. Section 39.002, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 39.002. APPLICABILITY. This chapter, other than | ||
Sections 39.155, 39.157(e), 39.203, 39.903, [ |
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39.9052, and 39.914(e), does not apply to a municipally owned | ||
utility or an electric cooperative. Sections 39.157(e) and [ |
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39.203, [ |
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utility or an electric cooperative that is offering customer | ||
choice. If there is a conflict between the specific provisions of | ||
this chapter and any other provisions of this title, except for | ||
Chapters 40 and 41, the provisions of this chapter control. | ||
SECTION 7. Section 39.203(e), Utilities Code, is amended to | ||
read as follows: | ||
(e) The commission may require an electric utility or a | ||
transmission and distribution utility to construct or enlarge | ||
facilities to ensure safe and reliable service for the state's | ||
electric markets and to reduce transmission constraints within | ||
ERCOT in a cost-effective manner where the constraints are such | ||
that they are not being resolved through Chapter 37 or the ERCOT | ||
transmission planning process. [ |
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electric utility or transmission and distribution utility ordered | ||
to construct or enlarge facilities under this subchapter need not | ||
prove that the construction ordered is necessary for the service, | ||
accommodation, convenience, or safety of the public and need not | ||
address the factors listed in Sections 37.056(c)(1)-(3) and (4)(E). | ||
Notwithstanding any other law, including Section 37.057, in any | ||
proceeding brought under Chapter 37 by an electric utility or a | ||
transmission and distribution utility related to an application for | ||
a certificate of public convenience and necessity to construct or | ||
enlarge transmission or transmission-related facilities under this | ||
subsection, the commission shall issue a final order before the | ||
181st day after the date the application is filed with the | ||
commission. If the commission does not issue a final order before | ||
that date, the application is approved. | ||
SECTION 8. Section 39.402(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) Until the date on which an electric utility subject to | ||
this subchapter is authorized by the commission to implement | ||
customer choice, the rates of the utility shall be regulated under | ||
traditional cost of service regulation and the utility is subject | ||
to all applicable regulatory authority prescribed by this subtitle | ||
and Subtitle A, including Chapters 14, 32, 33, 36, and 37. Until | ||
the date on which an electric utility subject to this subchapter | ||
implements customer choice, the provisions of this chapter, other | ||
than this subchapter, Section [ |
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provisions relating to the duty to obtain a permit from the Texas | ||
Commission on Environmental Quality for an electric generating | ||
facility and to reduce emissions from an electric generating | ||
facility, shall not apply to that utility. That portion of any | ||
commission order entered before September 1, 2001, to comply with | ||
this subchapter shall be null and void. | ||
SECTION 9. Section 39.452(d), Utilities Code, is amended to | ||
read as follows: | ||
(d) Until the date on which an electric utility subject to | ||
this subchapter implements customer choice: | ||
(1) the provisions of this chapter do not apply to that | ||
electric utility, other than this subchapter, Section [ |
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permit from the Texas Commission on Environmental Quality for an | ||
electric generating facility and to reduce emissions from an | ||
electric generating facility, and the provisions of Subchapter G | ||
that pertain to the recovery and securitization of hurricane | ||
reconstruction costs authorized by Sections 39.458-39.463; and | ||
(2) the electric utility is not subject to a rate | ||
freeze and, subject to the limitation provided by Subsection (b), | ||
may file for rate changes under Chapter 36 and for approval of one | ||
or more of the rate rider mechanisms authorized by Sections 39.454 | ||
and 39.455. | ||
SECTION 10. Section 39.502(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) Until the date on which an electric utility subject to | ||
this subchapter implements customer choice, the provisions of this | ||
chapter, other than this subchapter and Section [ |
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SECTION 11. Section 39.552(b), Utilities Code, is amended | ||
to read as follows: | ||
(b) Until the date on which an electric utility subject to | ||
this subchapter implements customer choice, the provisions of this | ||
chapter, other than this subchapter and Section [ |
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SECTION 12. Section 39.916(a), Utilities Code, is amended | ||
by amending Subdivision (1) and adding Subdivision (4) to read as | ||
follows: | ||
(1) "Distributed renewable generation" means electric | ||
generation with a capacity of not more than 2,000 kilowatts | ||
provided by a renewable energy technology[ |
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the meter. | ||
(4) "Renewable energy technology" means any | ||
technology that relies exclusively on an energy source that is | ||
naturally regenerated over a short time and is derived from the sun | ||
directly or indirectly or from moving water or other natural | ||
movements or mechanisms of the environment. The term includes a | ||
technology that relies on energy derived from the sun directly, on | ||
wind, geothermal, hydroelectric, wave, or tidal energy, or on | ||
biomass or biomass-based waste products, including landfill gas. | ||
The term does not include a technology that relies on an energy | ||
resource derived from a fossil fuel, a waste product from a fossil | ||
fuel, or a waste product from an inorganic source. | ||
SECTION 13. Section 40.001(a), Utilities Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding any other provision of law, except | ||
Sections 39.155, 39.157(e), 39.203, and 39.903, [ |
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chapter governs the transition to and the establishment of a fully | ||
competitive electric power industry for municipally owned | ||
utilities. With respect to the regulation of municipally owned | ||
utilities, this chapter controls over any other provision of this | ||
title, except for sections in which the term "municipally owned | ||
utility" is specifically used. | ||
SECTION 14. Section 40.004, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 40.004. JURISDICTION OF COMMISSION. Except as | ||
specifically otherwise provided in this chapter, the commission has | ||
jurisdiction over municipally owned utilities only for the | ||
following purposes: | ||
(1) to regulate wholesale transmission rates and | ||
service, including terms of access, to the extent provided by | ||
Subchapter A, Chapter 35; | ||
(2) to regulate certification of retail service areas | ||
to the extent provided by Chapter 37; | ||
(3) to regulate rates on appeal under Subchapters D | ||
and E, Chapter 33, subject to Section 40.051(c); | ||
(4) to establish a code of conduct as provided by | ||
Section 39.157(e) applicable to anticompetitive activities and to | ||
affiliate activities limited to structurally unbundled affiliates | ||
of municipally owned utilities, subject to Section 40.054; | ||
(5) to establish terms and conditions for open access | ||
to transmission and distribution facilities for municipally owned | ||
utilities providing customer choice, as provided by Section 39.203; | ||
(6) to require collection of the nonbypassable fee | ||
established under Section 39.903(b) and to administer the | ||
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natural gas energy credits program under Section 39.9044(b); and | ||
(7) to require reports of municipally owned utility | ||
operations only to the extent necessary to: | ||
(A) enable the commission to determine the | ||
aggregate load and energy requirements of the state and the | ||
resources available to serve that load; or | ||
(B) enable the commission to determine | ||
information relating to market power as provided by Section 39.155. | ||
SECTION 15. Section 41.001, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 41.001. APPLICABLE LAW. Notwithstanding any other | ||
provision of law, except Sections 39.155, 39.157(e), 39.203, and | ||
39.903, [ |
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the establishment of a fully competitive electric power industry | ||
for electric cooperatives. Regarding the regulation of electric | ||
cooperatives, this chapter shall control over any other provision | ||
of this title, except for sections in which the term "electric | ||
cooperative" is specifically used. | ||
SECTION 16. Sections 39.904 and 39.916(g), Utilities Code, | ||
are repealed. | ||
SECTION 17. This Act takes effect September 1, 2015. |