By: Huberty, Menendez (Senate Sponsor - Williams) H.B. No. 2049
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Business
and Commerce; May 15, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 15, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2049 By: Eltife
A BILL TO BE ENTITLED
AN ACT
relating to a qualifying cogeneration facility's ability to sell
electric energy to multiple purchasers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002(13), Utilities Code, is amended
to read as follows:
(13) "Qualifying cogenerator" and "qualifying small
power producer" have the meanings assigned those terms by 16 U.S.C.
Sections 796(18)(C) and 796(17)(D). A qualifying cogenerator that
provides electricity to a [the] purchaser of the cogenerator's
thermal output is not for that reason considered to be a retail
electric provider or a power generation company.
SECTION 2. Subchapter B, Chapter 37, Utilities Code, is
amended by adding Section 37.0521 to read as follows:
Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN
QUALIFYING COGENERATORS. (a) Notwithstanding Section 37.001(3), a
qualifying cogenerator may sell electric energy at retail to more
than one purchaser of the cogenerator's thermal output.
(b) A qualifying cogenerator that sells electric energy at
retail to more than one purchaser, if not otherwise subject to
regulation as an electric utility, is not as a result of the sale
subject to regulation as:
(1) a retail electric provider or power generation
company; or
(2) a retail electric utility under Chapter 37.
(c) This section does not apply to sales in an area:
(1) in which customer choice has not been adopted and
where a municipally owned utility or an electric cooperative is
certificated to provide retail electric utility service; or
(2) that is served by an electric utility that
operates solely outside of ERCOT.
SECTION 3. This Act takes effect September 1, 2013.
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