By: Huberty, Menendez H.B. No. 2049
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) A qualifying cogenerator may sell
electric energy at retail to more than one purchaser of the
cogenerator's thermal output under Sections 35.061 and 36.007.
(b) A qualifying cogenerator that sells electric energy at
retail to more than one purchaser is not subject to regulation as a
retail electric utility under Chapter 37 or subject to regulation
as a retail electric provider or power generation company under
this subtitle if the transmission facilities used to provide
electricity necessary to serve the purchasers of the thermal output
are connected to the purchasers of the thermal output using
transmission facilities that are not owned or operated by an
electric utility.
(c) The limitation on the sale of electricity does not apply
to the sale of wholesale electricity.
(d) This section does not apply to a municipally owned
utility or an electric cooperative providing service to an area
where competition has not been introduced.
SECTION 3. This Act takes effect September 1, 2013.