By: Bonnen, Hancock, Branch, King of Parker, H.B. No. 2713
      England, et al.
 
A BILL TO BE ENTITLED
AN ACT
relating to studies, plans, and projects concerning electric
generation capacity or electric energy storage, transmission, or
distribution.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  INTERIM SPECIAL COMMITTEE ON ELECTRIC ENERGY GENERATION
CAPACITY AND ENVIRONMENTAL IMPACT
       SECTION 1.01.  COMPOSITION OF COMMITTEE. (a)  The Interim
Special Committee on Electric Energy Generation Capacity and
Environmental Impact is composed of:
             (1)  the chair of the House Environmental Regulation
Committee;
             (2)  the chair of the House Energy Resources Committee;
             (3)  the chair of the House Committee on Regulated
Industries;
             (4)  the chair of the Senate Natural Resources
Committee;
             (5)  the chair of the Senate Business and Commerce
Committee;
             (6)  four members of the house of representatives,
appointed by the speaker of the house of representatives;
             (7)  five members of the senate, appointed by the
lieutenant governor;
             (8)  one member representing the electric generation
industry, appointed by the governor;
             (9)  one member representing the academic community in
the area of energy and environmental studies, appointed by the
governor; and
             (10)  one member representing a public interest
organization, appointed by the governor.
       (b)  The speaker of the house of representatives and the
lieutenant governor shall each designate a co-chair from among the
committee members.
       (c)  Not later than the 60th day after the effective date of
this Act, the speaker of the house of representatives and the
lieutenant governor shall appoint the members of the interim
committee.
       SECTION 1.02.  STUDY; PLAN.  (a)  The committee shall:
             (1)  study the state's demand for electric generation
capacity for the next 50 years and the infrastructure and
technology available for meeting that demand;
             (2)  study the environmental effects of existing
electric generating facilities, including the effects on global
warming or climate change; and
             (3)  prepare a long-term electric energy and
environmental impact plan for the 80th Legislature that includes:
                   (A)  an estimate of the demand for electric
generation capacity by this state for each of the next 50 years;
                   (B)  an inventory of all existing electric
generating facilities operating in this state;
                   (C)  an assessment of the types of, and amount of
electric generation capacity from, electric generation technology
available to be used to meet the demand for generation capacity,
including:
                         (i)  coal;
                         (ii)  renewable energy;
                         (iii)  liquefied natural gas;
                         (iv)  nuclear energy;
                         (v)  integrated gasification combined cycle
technology;  and
                         (vi)  hydrogen gas;
                   (D)  an assessment of the environmental effects of
existing and potential electric generating facilities and energy
generation technology, including the effects on:
                         (i)  the emission of pollutants regulated by
the federal Clean Air Act (42 U.S.C. Section 7412);
                         (ii)  the emission of carbon dioxide and
other greenhouse gasses;
                         (iii)  the cumulative effect on air quality
in nonattainment areas;
                         (iv)  whether an increase in emissions would
cause an area to become a nonattainment area; and
                         (v)  global warming or climate change;
                   (E)  an assessment of the reliability of existing
electric generating facilities to meet the demand for electric
generation capacity;
                   (F)  an estimate of the costs associated with
meeting the demand for electric generation capacity; and
                   (G)  recommendations for reducing demand through
the use of energy efficiency programs.
       (b)  In preparing the plan required by Subsection (a), the
committee may consult with:
             (1)  the Texas Commission on Environmental Quality;
             (2)  the Public Utility Commission of Texas;
             (3)  the Railroad Commission of Texas; and
             (4)  the Electric Reliability Council of Texas.
       (c)  Each agency named by Subsection (b) shall designate an
individual as the point of contact for the committee.
       (d)  The committee shall file with the legislature the
long-term electric energy and environmental impact plan required by
Subsection (a) not later than January 15, 2009.
       SECTION 1.03.  COMMITTEE MEETINGS. The joint interim
committee shall meet initially at the joint call of the co-chairs,
and the committee shall subsequently hold meetings and public
hearings at the call of the co-chairs.
       SECTION 1.04.  COMMITTEE POWERS AND DUTIES. The committee
has all powers and duties provided to special committees by the
senate and house of representatives rules of procedure, by
Subchapter B, Chapter 301, Government Code, and by policies of the
committees on administration.
       SECTION 1.05.  COMMITTEE FUNDING.  (a) From the contingent
expense fund of the senate and the contingent expense fund of the
house of representatives equally, the members of the committee
shall be reimbursed for expenses incurred in carrying out the
provisions of this article in accordance with the senate and house
of representatives rules of procedure and the policies of the
committees on administration.
       (b)  Other necessary expenses of operation shall be paid from
the contingent expense fund of the senate and the contingent
expense fund of the house of representatives equally.
       SECTION 1.06.  EFFECTIVE DATE. This article takes effect
September 1, 2007.
ARTICLE 2.  ELECTRIC ENERGY STORAGE DEVICES
       SECTION 2.01.  DEFINITION.  In this article, "commission"
means the Public Utility Commission of Texas.
       SECTION 2.02.  STUDY.  (a) The commission shall conduct a
study on the potential of electric energy storage devices to
benefit the operation of transmission and distribution systems. In
conducting the study, the commission shall consider any relevant
issues, including:
             (1)  the effect of the devices on system reliability;
             (2)  the advantages and disadvantages of transmission
and distribution utilities owning and operating those devices as
transmission and distribution facilities;
             (3)  the manner in which the devices may be integrated
into the ERCOT operating system, if applicable;
             (4)  the manner in which the devices may benefit power
generation companies, retail electric providers, electric
utilities, and transmission and distribution utilities; and
             (5)  the appropriate methods to bill and account for
any costs and revenue associated with the electric energy that is
used to charge, and that is later discharged from, a device.
       (b)  The commission shall prepare a report on the results of
the study. The report must include the commission's conclusions on
the potential of electric energy storage devices and, as
appropriate, recommendations to the legislature on legislation or
other action necessary to realize that potential. The commission
shall include the report in the electric market scope of
competition report required by Section 31.003, Utilities Code, that
the commission submits to the 81st Legislature.
       (c)  The commission shall conduct the study and prepare the
report as required by this section:
             (1)  with input from the ERCOT independent system
operator; and
             (2)  after requesting comments and input from all
interested parties.
       SECTION 2.03.  DEMONSTRATION PROJECTS. (a) The commission
may authorize one or more electric utilities or transmission or
distribution utilities to operate demonstration projects that
involve facilities capable of not more than two megawatts of
electric energy storage for the purpose of obtaining a better
understanding of the facilities':
             (1)  cost;
             (2)  value; and
             (3)  operational characteristics, including the
efficient use of the transmission system and the facilities' effect
on removing transmission constraints.
       (b)  The operation of a demonstration project under this
section does not prejudice the study required by Section 2.02 of
this article or any future determination relating to the
appropriateness of an electric utility or transmission and
distribution utility owning and operating electric energy storage
facilities.
       (c)  This section may not be interpreted to require an
electric utility or transmission and distribution utility to
install an electric energy storage facility.
       SECTION 2.04.  EFFECTIVE DATE. This article takes effect
immediately if this Act receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote
necessary for immediate effect, this article takes effect September
1, 2007.
ARTICLE 3.  EFFECTIVE DATE
       SECTION 3.01.  Except as otherwise provided by this Act,
this Act takes effect September 1, 2007.