Bill Text: TX HB1421 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the classification, use, and regulation of electric energy storage equipment or facilities.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-04-20 - Comm. report sent to Local & Consent Calendar [HB1421 Detail]
Download: Texas-2011-HB1421-Comm_Sub.html
| 82R18581 ALL-D | |||
| By: Anchia | H.B. No. 1421 | ||
| Substitute the following for H.B. No. 1421: | |||
| By: Cook | C.S.H.B. No. 1421 | ||
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| relating to the classification, use, and regulation of electric | ||
| energy storage equipment or facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 31.002(10), Utilities Code, is amended | ||
| to read as follows: | ||
| (10) "Power generation company" means a person that: | ||
| (A) generates electricity that is intended to be | ||
| sold at wholesale, including the owner or operator of electric | ||
| energy storage equipment or facilities to which Subchapter E, | ||
| Chapter 35, applies; | ||
| (B) does not own a transmission or distribution | ||
| facility in this state other than an essential interconnecting | ||
| facility, a facility not dedicated to public use, or a facility | ||
| otherwise excluded from the definition of "electric utility" under | ||
| this section; and | ||
| (C) does not have a certificated service area, | ||
| although its affiliated electric utility or transmission and | ||
| distribution utility may have a certificated service area. | ||
| SECTION 2. Chapter 35, Utilities Code, is amended by adding | ||
| Subchapter E to read as follows: | ||
| SUBCHAPTER E. ELECTRIC ENERGY STORAGE | ||
| Sec. 35.151. ELECTRIC ENERGY STORAGE. This subchapter | ||
| applies to electric energy storage equipment or facilities that are | ||
| intended to provide energy or ancillary services at wholesale, | ||
| including electric energy storage equipment or facilities listed on | ||
| a power generation company's registration with the commission or, | ||
| for an exempt wholesale generator, on the generator's registration | ||
| with the Federal Energy Regulatory Commission. | ||
| Sec. 35.152. GENERATION ASSETS. (a) Electric energy | ||
| storage equipment or facilities that are intended to be used to sell | ||
| energy or ancillary services at wholesale are generation assets. | ||
| (b) The owner or operator of electric energy storage | ||
| equipment or facilities that are generation assets under Subsection | ||
| (a) is a power generation company and is required to register under | ||
| Section 39.351(a). The owner or operator of the equipment or | ||
| facilities is entitled to: | ||
| (1) interconnect the equipment or facilities; | ||
| (2) obtain transmission service for the equipment or | ||
| facilities; and | ||
| (3) use the equipment or facilities to sell | ||
| electricity or ancillary services at wholesale in a manner | ||
| consistent with the provisions of this title and commission rules | ||
| applicable to a power generation company or an exempt wholesale | ||
| generator. | ||
| (c) Notwithstanding Subsection (a), this section does not | ||
| affect a determination made by the commission in a final order | ||
| issued before December 31, 2010. | ||
| SECTION 3. (a) The Public Utility Commission of Texas | ||
| shall adopt or revise rules as necessary to implement this Act not | ||
| later than January 1, 2012. | ||
| (b) The Public Utility Commission of Texas shall ensure that | ||
| the Electric Reliability Council of Texas adopts or revises the | ||
| council's protocols, standards, and procedures to implement this | ||
| Act not later than April 1, 2012. | ||
| SECTION 4. This Act takes effect September 1, 2011. | ||
