Bill Text: TX SB943 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the classification, use, and regulation of electric energy storage equipment or facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB943 Detail]
Download: Texas-2011-SB943-Enrolled.html
S.B. No. 943 |
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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. Subdivision (10), Section 31.002, 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. Subdivision (10), Section 31.002, Utilities | ||
Code, as amended by this Act, and Subchapter E, Chapter 35, | ||
Utilities Code, as added by this Act, may not be construed to | ||
determine the regulatory treatment of electricity acquired to | ||
charge electric energy storage equipment or facilities and used | ||
solely for the purpose of later sale as energy or ancillary | ||
services. | ||
SECTION 4. (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 5. This Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 943 passed the Senate on | ||
April 21, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 27, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 943 passed the House, with | ||
amendment, on May 20, 2011, by the following vote: Yeas 149, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |