Letter to the Editor

Body

For two more proposed constitutional amendments: a statement, background, and short analysis.

Proposition 7

SJR 93 The proposed amendment reads as follows: “The constitutional amendment providing for the creation of the Texas energy fund to support the construction, maintenance, modernization, and operation of electric generating facilities.”

An edited general statement: SJR 93 proposes a constitutional amendment to establish the Texas Energy Fund (TEF), a special fund outside the general revenue fund, administered by the Public Utility Commission of Texas (PUC). Money in the TEF could be used by the PUC to provide loans and grants to finance or incentivize the construction, maintenance, modernization, and operation of electric generating facilities. Money is meant for just those facilities necessary to ensure the reliability or adequacy of an electric power grid in the state. These are typically generators which can be switched on to quickly meet temporary high demand. Prop 7 specifies eligible projects as electric generating facilities that serve as backup power sources and projects in each region of the state that is part of an electric power grid in proportion to that region’s load share. The Texas energy fund would consist of money made available by the legislature; revenue that the legislature dedicates for deposit to the fund; the returns received from the investment of the money in the fund; and other sources. The general appropriations bill, contingent on the passage of this amendment, includes $5 B for the TEF This sounds like the fix to prevent summer worries of grid overload or winter return of the big freeze. However, the enabling legislation, SB 2627, which also depends on the amendment’s passage, includes some short-sighted limits and requirements. From the bill’s author: S.B. 2627 creates a completion bonus and zero interest loan for new dispatchable generation resources. “Dispatchable” means able to be activated by a person when needed… but the bill disqualifies energy storage facilities in this role. That seems to ignore making use of the ability to store excess from routine generation, and instead favor new gasfired power plants which can be fired up on short notice, and otherwise sit idle. No mention is made in the bill of funds for winterization—the lack was a big contributor to big-freeze outages.

Comments on the bill when it was being considered also referenced new technologies available and ignored by the bill, in particular “virtual power plants”, which could do the job at lower cost. Reference was made to testimony that Texas did not have an energy supply problem, just an operations problem. SJR93/SB 2627 offer a fix restricted in its view of the possible and limited in scope, a last-century view. Power storage facilities (industrial-size banks of batteries) are not eligible. https://www.puc.texas. gov/industry/electric/ business/ texas- energyfund/ h t t p s : / / w w w . texastribune. org/2023/06/05/texas-billsenergy- natural- gas- fossilfuel- renewables/ HJR 125 “The constitutional amendment creating the broadband infrastructure fund to expand high-speed broadband access and assist in the financing of connectivity projects.”

Proposed amendment HJR 125 creates the broadband infrastructure fund in the state treasury outside the general revenue fund, administered by the Texas Comptroller. Money from the fund could be used only for the expansion of access to and adoption of broadband and telecommunications services. The legislature appropriated 1.5 B for this fund; the comptroller estimated $5 B would be needed. The fund can be added to in various ways. The broadband infrastructure fund would expire on September 1, 2035, unless extended. The temporary nature of the fund is probably an acknowledgment of the rapid advance of technology…. Some commenters have complained that there should be an emphasis on expansion of fiber optic connectivity, for faster speeds and greater reliability.

The dependent implementing bill, HB 9, creates the Texas Broadband Infrastructure Fund (BIF) administered by the comptroller. Funds in the BIF could only be used for expanding broadband and telecommunications across the state, including projects like Next Generation 911 services, the Pole Replacement Program, matching funds for federal money for the Broadband Equity, Access, and Deployment (BEAD) Program, and expanding access to broadband services in economically distressed communities.

There are only two amounts in the bill: HB 9 directs the transfer of $155.2 M from the broadband service fund to the Next Gen 911 service fund, and $75 M to the broadband pole replacement fund. We’re off to a fast start.

In 2015, the Federal Communications Commission (FCC) defined broadband internet as internet speeds of 25 Mbps (megabits per second) for downloads and 3 Mbps for uploads. Much of Erath County is mapped as “underserved” with suboptimal (100/20) download and upload speeds. Large areas to the west of Erath County are depicted as unserved, underserved, or blank. h t t p s : / / w w w . internetforall.gov/ p rog ram/ broadbande quity-access-anddeployment-bead-program https:// www. pewtrusts. org/en/research-andanalysis/issuebriefs/2023/01/what-statesneed- to- know- aboutfederal- bead- funding- forh igh-speed-internetexpansion