Bill Summary – FastDemocracy

         
            S.B. No. 1699
         
Statutes affected: 
Introduced: Utilities Code 31.002, Utilities Code 502.004 (Utilities Code 31, Utilities Code 502)
Senate Committee Report: Utilities Code 31.002, Utilities Code 502.004 (Utilities Code 31, Utilities Code 502)
Engrossed: Utilities Code 31.002, Utilities Code 502.004 (Utilities Code 31, Utilities Code 502)
House Committee Report: Utilities Code 31.002, Utilities Code 502.004 (Utilities Code 31, Utilities Code 502)
Enrolled: Utilities Code 31.002, Utilities Code 502.004, Utilities Code 39.351 (Utilities Code 31, Utilities Code 39, Utilities Code 502)

               AN ACT
            
            relating to electricity service in the ERCOT power region, 
         
            including the participation of aggregated distributed energy 
         
            resources in the ERCOT market.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 31.002(17), Utilities Code, is amended 
         
            to read as follows:
         
                         (17)  "Retail electric provider" means a person that 
         
            sells electric energy to retail customers in this state.  A retail 
         
            electric provider may not own or operate generation assets but may 
         
            aggregate distributed energy resources under Section 39.3515.  The 
         
            term does not include a person not otherwise a retail electric 
         
            provider who owns or operates equipment used solely to provide 
         
            electricity charging service for consumption by an alternatively 
         
            fueled vehicle, as defined by Section 502.004, Transportation Code.
         
                   SECTION 2.  Section 39.101(b), Utilities Code, is amended to 
         
            read as follows:
         
                   (b)  A customer is entitled:
         
                         (1)  to be informed about rights and opportunities in 
         
            the transition to a competitive electric industry;
         
                         (2)  to choose the customer's retail electric provider 
         
            consistent with this chapter, to have that choice honored, and to 
         
            assume that the customer's chosen provider will not be changed 
         
            without the customer's informed consent;
         
                         (3)  to have access to providers of energy efficiency 
         
            services, to on-site distributed generation, and to providers of 
         
            energy generated by renewable energy resources;
         
                         (4)  to be served by a provider of last resort that 
         
            offers a commission-approved standard service package;
         
                         (5)  to receive sufficient information to make an 
         
            informed choice of service provider;
         
                         (6)  to be protected from unfair, misleading, or 
         
            deceptive practices, including protection from being billed for 
         
            services that were not authorized or provided; [and]
         
                         (7)  to have an impartial and prompt resolution of 
         
            disputes with its chosen retail electric provider and transmission 
         
            and distribution utility;
         
                         (8)  to participation in demand response programs 
         
            through retail electric providers that offer demand response 
         
            programs; and
         
                         (9)  to receive notice from the retail electric 
         
            provider that serves the customer when the independent organization 
         
            certified under Section 39.151 for the ERCOT power region issues an 
         
            emergency energy alert.
         
                   SECTION 3.  Section 39.351, Utilities Code, is amended by 
         
            amending Subsection (a) and adding Subsection (a-1) to read as 
         
            follows:
         
                   (a)  A person may not generate electricity unless:
         
                         (1)  the person is registered with the commission as a 
         
            power generation company in accordance with this section; or
         
                         (2)  the electricity is generated as part of a 
         
            registered aggregate distributed energy resource under Section 
         
            39.3515.
         
                   (a-1)  A person may register as a power generation company by 
         
            filing the following information with the commission:
         
                         (1)  a description of the location of any facility used 
         
            to generate electricity;
         
                         (2)  a description of the type of services provided;
         
                         (3)  a copy of any information filed with the Federal 
         
            Energy Regulatory Commission in connection with registration with 
         
            that commission; and
         
                         (4)  any other information required by commission rule, 
         
            provided that in requiring that information the commission shall 
         
            protect the competitive process in a manner that ensures the 
         
            confidentiality of competitively sensitive information.
         
                   SECTION 4.  Subchapter H, Chapter 39, Utilities Code, is 
         
            amended by adding Section 39.3515 to read as follows:
         
                   Sec. 39.3515.  AGGREGATE DISTRIBUTED ENERGY RESOURCES.  (a)  
         
            A person who aggregates distributed energy resources:
         
                         (1)  is not required to register as a power generation 
         
            company to aggregate the resources;
         
                         (2)  shall comply with rules, guidelines, and 
         
            registration requirements established by the commission and by 
         
            Chapter 17 and this chapter; and




	AN ACT
	relating to electricity service in the ERCOT power region,
	including the participation of aggregated distributed energy
	resources in the ERCOT market.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 31.002(17), Utilities Code, is amended
	to read as follows:
	(17) "Retail electric provider" means a person that
	sells electric energy to retail customers in this state. A retail
	electric provider may not own or operate generation assets but may
	aggregate distributed energy resources under Section 39.3515. The
	term does not include a person not otherwise a retail electric
	provider who owns or operates equipment used solely to provide
	electricity charging service for consumption by an alternatively
	fueled vehicle, as defined by Section 502.004, Transportation Code.
	SECTION 2. Section 39.101(b), Utilities Code, is amended to
	read as follows:
	(b) A customer is entitled:
	(1) to be informed about rights and opportunities in
	the transition to a competitive electric industry;
	(2) to choose the customer's retail electric provider
	consistent with this chapter, to have that choice honored, and to
	assume that the customer's chosen provider will not be changed
	without the customer's informed consent;
	(3) to have access to providers of energy efficiency
	services, to on-site distributed generation, and to providers of
	energy generated by renewable energy resources;
	(4) to be served by a provider of last resort that
	offers a commission-approved standard service package;
	(5) to receive sufficient information to make an
	informed choice of service provider;
	(6) to be protected from unfair, misleading, or
	deceptive practices, including protection from being billed for
	services that were not authorized or provided; [~~and~~]
	(7) to have an impartial and prompt resolution of
	disputes with its chosen retail electric provider and transmission
	and distribution utility;
	(8) to participation in demand response programs
	through retail electric providers that offer demand response
	programs; and
	(9) to receive notice from the retail electric
	provider that serves the customer when the independent organization
	certified under Section 39.151 for the ERCOT power region issues an
	emergency energy alert.
	SECTION 3. Section 39.351, Utilities Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a) A person may not generate electricity unless:
	(1) the person is registered with the commission as a
	power generation company in accordance with this section; or
	(2) the electricity is generated as part of a
	registered aggregate distributed energy resource under Section
	39.3515.
	(a-1) A person may register as a power generation company by
	filing the following information with the commission:
	(1) a description of the location of any facility used
	to generate electricity;
	(2) a description of the type of services provided;
	(3) a copy of any information filed with the Federal
	Energy Regulatory Commission in connection with registration with
	that commission; and
	(4) any other information required by commission rule,
	provided that in requiring that information the commission shall
	protect the competitive process in a manner that ensures the
	confidentiality of competitively sensitive information.
	SECTION 4. Subchapter H, Chapter 39, Utilities Code, is
	amended by adding Section 39.3515 to read as follows:
	Sec. 39.3515. AGGREGATE DISTRIBUTED ENERGY RESOURCES. (a)
	A person who aggregates distributed energy resources:
	(1) is not required to register as a power generation
	company to aggregate the resources;
	(2) shall comply with rules, guidelines, and
	registration requirements established by the commission and by
	Chapter 17 and this chapter; and