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A BILL TO BE ENTITLED
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AN ACT
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relating to demand-side electric energy resources in the |
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competitive electric market. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 39, Utilities Code, is |
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amended by adding Section 39.160 to read as follows: |
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Sec. 39.160. LOAD PARTICIPATION REQUIREMENTS. The |
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commission and the independent organization certified under |
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Section 39.151 for each power region shall allow load participation |
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in all energy markets for residential, commercial, and industrial |
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customer classes, directly or through aggregators of retail |
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customers, to the extent that load participation by each customer |
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class complies with requirements of the independent organization |
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for ensuring reliability and adequacy of the regional electric |
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network. The load participation must be designed and implemented |
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in a manner to increase market efficiency, competition, and |
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customer benefits. |
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SECTION 2. Subsection (b), Section 39.905, Utilities Code, |
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is amended to read as follows: |
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(b) The commission shall provide oversight and adopt rules |
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and procedures to ensure that the utilities can achieve the goal of |
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this section, including: |
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(1) establishing an energy efficiency cost recovery |
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factor for ensuring timely and reasonable cost recovery for utility |
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expenditures made to satisfy the goal of this section; |
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(2) establishing an incentive under Section 36.204 to |
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reward utilities administering programs under this section that |
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exceed the minimum goals established by this section; |
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(3) providing a utility that is unable to establish an |
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energy efficiency cost recovery factor in a timely manner due to a |
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rate freeze with a mechanism to enable the utility to: |
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(A) defer the costs of complying with this |
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section; and |
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(B) recover the deferred costs through an energy |
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efficiency cost recovery factor on the expiration of the rate |
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freeze period; |
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(4) ensuring that the costs associated with programs |
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provided under this section and any shareholder bonus awarded are |
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borne by the customer classes that receive the services under the |
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programs; |
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(5) ensuring the program rules encourage the value of |
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the incentives to be passed on to the end-use customer; and |
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(6) ensuring that programs are evaluated, measured, |
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and verified using a framework established by the commission that |
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promotes effective program design and consistent and streamlined |
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reporting[; and
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[(7)
ensuring that an independent organization
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certified under Section 39.151 allows load participation in all
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energy markets for residential, commercial, and industrial
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customer classes, either directly or through aggregators of retail
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customers, to the extent that load participation by each of those
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customer classes complies with reasonable requirements adopted by
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the organization relating to the reliability and adequacy of the
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regional electric network and in a manner that will increase market
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efficiency, competition, and customer benefits]. |
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SECTION 3. This Act takes effect September 1, 2013. |