Bill Text: TX HB4276 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the amendment of a certificate of convenience and necessity to provide electricity service to certain water control and improvement districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to State Affairs [HB4276 Detail]
Download: Texas-2023-HB4276-Introduced.html
| By: Goldman | H.B. No. 4276 | |
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| relating to the amendment of a certificate of convenience and | ||
| necessity to provide electricity service to certain water control | ||
| and improvement districts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. It is the intent of the legislature that this Act | ||
| ensure cost-effective and reliable operation in times of emergency | ||
| of critical water infrastructure operated by a water control and | ||
| improvement district. | ||
| SECTION 2. Subchapter B, Chapter 37, Utilities Code, is | ||
| amended by adding Section 37.062 to read as follows: | ||
| Sec. 37.062. AMENDMENT OF CERTIFICATE REQUESTED BY CERTAIN | ||
| WATER CONTROL AND IMPROVEMENT DISTRICTS. (a) In this section: | ||
| (1) "Consenting entity" means an electric utility that | ||
| consents to provide a water control and improvement district with | ||
| retail electric service. | ||
| (2) "District facility" means an existing or future | ||
| transmission-level power-consuming facility that is owned or will | ||
| be owned by a water control and improvement district. | ||
| (b) This section applies only to a water control and | ||
| improvement district that: | ||
| (1) owns or will own a district facility in an area | ||
| certificated by an electric cooperative to provide retail electric | ||
| service; and | ||
| (2) has a service area in 10 counties or more. | ||
| (c) Notwithstanding any other provision of this chapter, on | ||
| the request of a water control and improvement district in an area | ||
| certificated by an electric cooperative whose wholesale power | ||
| purchase agreement has previously been interrupted by the | ||
| bankruptcy of its wholesale power supplier, a consenting entity may | ||
| apply to the commission to amend its certificate to allow the | ||
| consenting entity to provide retail electric service at | ||
| transmission voltage to a district facility if the consenting | ||
| entity is already certificated on the date the application is filed | ||
| to provide transmission service to a location that is not more than | ||
| 10 miles from the district facility. | ||
| (d) The commission shall approve an application received | ||
| under Subsection (c) not later than the 45th day after the date a | ||
| complete application is filed and amend the consenting entity's | ||
| certificate to include the locations of the district facilities | ||
| identified in the application, making those facilities multiply | ||
| certificated by the consenting entity and the electric cooperative | ||
| referenced in Subsection (b)(1). | ||
| (e) The consent of an electric cooperative referenced in | ||
| Subsection (b)(1) is not required for the commission to approve an | ||
| application filed under Subsection (c). | ||
| (f) Section 37.056(c) does not apply to an application filed | ||
| under Subsection (c). | ||
| (g) A water control and improvement district that requests | ||
| retail electric service from a consenting entity who files an | ||
| application under this section that is approved by the commission | ||
| is: | ||
| (1) responsible for paying the construction costs of | ||
| any new transmission facilities required to interconnect the | ||
| district facilities identified in the application to the ERCOT | ||
| transmission system if those costs are not otherwise recoverable in | ||
| the consenting entity's wholesale transmission rates; | ||
| (2) responsible for any nonbypassable charges and | ||
| other amounts that the district is contractually obligated to pay | ||
| to the electric cooperative that provided retail electric service | ||
| to the district on the date the application was filed, if | ||
| applicable; and | ||
| (3) subject to the relevant provisions of 16 T.A.C. | ||
| Section 25.27. | ||
| (h) If the commission approves an application under this | ||
| section, the commission may not approve another application | ||
| regarding any district facility included in the approved | ||
| application. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
