Bill Makes New Wind And Solar Certify Their Grid Gear

The text as introduced · 694 words

89R8543 JXC-D

By: Harris Davila
H.B. No. 3568

A BILL TO BE ENTITLED

AN ACT

relating to the interconnection of wind or solar power facilities

that use critical electric grid equipment purchased from certain

companies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 39.002, Utilities Code, is amended to

read as follows:

Sec. 39.002. APPLICABILITY. This chapter, other than

Sections 39.151, 39.1516, 39.155, 39.157(e), 39.161, 39.162,

39.163, 39.203, 39.360(f-1), 39.9051, 39.9052, and 39.914(e), and

Subchapters M and N, does not apply to a municipally owned utility

or an electric cooperative. Sections 39.157(e) and 39.203 apply

only to a municipally owned utility or an electric cooperative that

is offering customer choice. If there is a conflict between the

specific provisions of this chapter and any other provisions of

this title, except for Chapters 40 and 41, the provisions of this

chapter control.

SECTION 2. Section 39.360, Utilities Code, as added by

Chapter 464 (S.B. 2013), Acts of the 88th Legislature, Regular

Session, 2023, is amended by amending Subsections (a), (b), (c),

(d), and (e) and adding Subsection (f-1) to read as follows:

(a) In this section, "company" and "critical

infrastructure" have the meanings assigned by Section 117.001

[ 113.001 ], Business & Commerce Code[ , as added by Chapter 975 (S.B.

2116), Acts of the 87th Legislature, Regular Session, 2021 ].

(b) An independent organization certified under Section

39.151 may not register a business entity or maintain the

registration of a business entity to operate in the power region for

which the independent organization is certified unless the business

entity attests that the entity complies with Chapter 117 [ 113 ],

Business & Commerce Code[ , as added by Chapter 975 (S.B. 2116), Acts

of the 87th Legislature, Regular Session, 2021 ].

(c) An independent organization certified under Section

39.151 shall require as a condition of operating in the power region

for which the independent organization is certified that a business

entity report to the independent organization the purchase of any

critical electric grid equipment or service from a company

described by Section 117.002(a)(2) [ 113.002(a)(2) ], Business &

Commerce Code[ , as added by Chapter 975 (S.B. 2116), Acts of the

87th Legislature, Regular Session, 2021 ].

(d) For each purchase reported by a business entity under

Subsection (c), the business entity shall submit an attestation to

the independent organization that the purchase will not result in

access to or control of its critical electric grid equipment by a

company described by Section 117.002(a)(2) [ 113.002(a)(2) ],

Business & Commerce Code[ , as added by Chapter 975 (S.B. 2116), Acts

of the 87th Legislature, Regular Session, 2021 ], excluding access

specifically allowed by the business entity for product warranty

and support purposes.

(e) Notwithstanding any other law, an independent

organization certified under Section 39.151 may immediately

suspend or terminate a company's registration or access to any of

the independent organization's systems if the independent

organization has a reasonable suspicion that the company meets any

of the criteria described by Section 2275.0102(a)(2)

[ 2274.0102(a)(2) ], Government Code[ , as added by Chapter 975 (S.B.

2116), Acts of the 87th Legislature, Regular Session, 2021 ].

(f-1) The commission by rule shall require as a condition of

interconnecting after September 1, 2025, a wind power facility, as

defined by Section 301.0001, or a solar power facility, as defined

by Section 302.0001, used to sell energy at wholesale, by an

electric cooperative, municipally owned utility, or power

generation company that the cooperative, utility, or company submit

an attestation that the facility does not use any critical electric

grid equipment purchased from a company described by Section

117.002(a)(2), Business & Commerce Code.

SECTION 3. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 4. This Act takes effect immediately if it 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

Act takes effect September 1, 2025.