Texas 2011 - 82nd Regular

Texas Senate Bill SB312 Compare Versions

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1	1	By: Seliger, Duncan S.B. No. 312
2	2	(Keffer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the exemption of certain electric cooperatives from
8	8	certain regulations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subdivision (7), Section 101.003, Utilities
11	11	Code, is amended to read as follows:
12	12	(7) "Gas utility" includes a person or river authority
13	13	that owns or operates for compensation in this state equipment or
14	14	facilities to transmit or distribute combustible hydrocarbon
15	15	natural gas or synthetic natural gas for sale or resale in a manner
16	16	not subject to the jurisdiction of the Federal Energy Regulatory
17	17	Commission under the Natural Gas Act (15 U.S.C. Section 717 et
18	18	seq.). The term includes a lessee, trustee, or receiver of a gas
19	19	utility. The term does not include:
20	20	(A) a municipal corporation;
21	21	(B) a person or river authority to the extent the
22	22	person or river authority:
23	23	(i) produces, gathers, transports, or sells
24	24	natural gas or synthetic natural gas under Section 121.004 or
25	25	121.005;
26	26	(ii) distributes or sells liquefied
27	27	petroleum gas; or
28	28	(iii) transports, delivers, or sells
29	29	natural gas for fuel for irrigation wells or any other direct
30	30	agricultural use;
31	31	(C) a person to the extent the person:
32	32	(i) sells natural gas for use as vehicle
33	33	fuel;
34	34	(ii) sells natural gas to a person who later
35	35	sells the natural gas for use as vehicle fuel; or
36	36	(iii) owns or operates equipment or
37	37	facilities to sell or transport natural gas for ultimate use as
38	38	vehicle fuel;
39	39	(D) a person not otherwise a gas utility who
40	40	furnishes gas or gas service only to itself, its employees, or its
41	41	tenants as an incident of employment or tenancy, if the gas or gas
42	42	service is not resold to or used by others; [or]
43	43	(E) a person excluded from being considered a gas
44	44	utility under Section 121.007; or
45	45	(F) an electric cooperative, as that term is
46	46	defined by Section 11.003, or its subsidiary, that is excluded from
47	47	regulation as a gas utility by Section 121.008.
48	48	SECTION 2. Subchapter A, Chapter 121, Utilities Code, is
49	49	amended by adding Section 121.008 to read as follows:
50	50	Sec. 121.008. CERTAIN STORAGE FACILITIES OWNED BY ELECTRIC
51	51	COOPERATIVES EXCLUDED. An electric cooperative, as that term is
52	52	defined by Section 11.003, or its subsidiary, that sells
53	53	electricity at wholesale is not a gas utility or subject to
54	54	regulation as a gas utility solely because it provides gas storage
55	55	services for hire if the gas storage facility is predominantly
56	56	operated to support the integration of renewable resources. Such a
57	57	gas storage facility may not have a working gas capacity of greater
58	58	than five billion cubic feet.
59	59	SECTION 3. Subdivision (2), Section 111.001, Natural
60	60	Resources Code, is amended to read as follows:
61	61	(2) "Public utility" means a person, association of
62	62	persons, or corporation that owns, operates, or manages crude
63	63	petroleum storage tanks or storage facilities for the public for
64	64	hire, either in connection with a pipeline, pipelines, or
65	65	otherwise. The term does not include an electric cooperative, as
66	66	that term is defined by Section 11.003, Utilities Code, or its
67	67	subsidiary, that sells electricity at wholesale and that owns or
68	68	operates an underground storage facility and provides gas storage
69	69	services to the public for hire if the gas storage facility is
70	70	predominantly operated to support the integration of renewable
71	71	resources. Such a gas storage facility may not have a working gas
72	72	capacity of greater than five billion cubic feet.
73	73	SECTION 4. Section 111.003, Natural Resources Code, is
74	74	amended by adding Subsection (c) to read as follows:
75	75	(c) The provisions of this chapter, and any common law
76	76	requirements or limitations applicable to a common carrier, do not
77	77	apply to an underground storage facility owned or operated by an
78	78	electric cooperative, as that term is defined by Section 11.003,
79	79	Utilities Code, or its subsidiary, that sells electricity at
80	80	wholesale and offers or provides gas storage services to the public
81	81	for hire if the gas storage facility is predominantly operated to
82	82	support the integration of renewable resources. Such a gas storage
83	83	facility may not have a working gas capacity of greater than five
84	84	billion cubic feet.
85	85	SECTION 5. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2011.