Texas 2025 - 89th Regular

Texas Senate Bill SB2211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Sparks S.B. No. 2211
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to a qualifying cogenerator that serves a large load and a
9	9	colocated desalination facility.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.002, Utilities Code, is amended by
12	12	amending Subdivision (13) to read as follows:
13	13	(13) "Qualifying cogenerator" and "qualifying small
14	14	power producer" have the meanings assigned those terms by 16 U.S.C.
15	15	Sections 796(18)(C) and 796(17)(D). A qualifying cogenerator that
16	16	provides electricity to a purchaser of the cogenerator's thermal
17	17	output is not for that reason considered to be a retail electric
18	18	provider or a power generation company. A qualifying cogenerator
19	19	includes an owner or operator of dispatchable generation that:
20	20	(A) provides thermal, steam or waste heat for use
21	21	by a co-located desalination facility; and
22	22	(B) serves a load whose primary purpose is the
23	23	manufacture of digital products.
24	24	SECTION 2. Subsection 37.001, Utilities Code, is amended by
25	25	amending Subdivision (3) to read as follows:
26	26	(3) "Retail electric utility" means a person,
27	27	political subdivision, electric cooperative, or agency that
28	28	operates, maintains, or controls in this state a facility to
29	29	provide retail electric utility service. The term does not include
30	30	a corporation described by Section 32.053 to the extent that the
31	31	corporation sells electricity exclusively at wholesale and not to
32	32	the ultimate consumer. A qualifying cogenerator that sells electric
33	33	energy at retail to the sole purchaser of the cogenerator's thermal
34	34	output under Sections 35.061 and 36.007 is not for that reason
35	35	considered to be a retail electric utility. The owner or operator of
36	36	a qualifying cogeneration facility who was issued the necessary
37	37	environmental permits from the Texas Natural Resource Conservation
38	38	Commission after January 1, 1998, and who commenced construction of
39	39	such qualifying facility before July 1, 1998, may provide
40	40	electricity to the purchasers of the thermal output of that
41	41	qualifying facility and shall not for that reason be considered an
42	42	electric utility or a retail electric utility, provided that the
43	43	purchasers of the thermal output are owners of manufacturing or
44	44	process operation facilities that are located on a site entirely
45	45	owned before September, 1987, by one owner who retained ownership
46	46	after September, 1987, of some portion of the facilities and that
47	47	those facilities now share some integrated operations, such as the
48	48	provision of services and raw materials. A person who is an electric
49	49	generation equipment lessor or operator is not for that reason
50	50	considered to be a retail electric utility. A person who owns or
51	51	operates equipment used solely to provide electricity charging
52	52	service for consumption by an alternatively fueled vehicle, as
53	53	defined by Section 502.004, Transportation Code, is not for that
54	54	reason considered to be a retail electric utility. The owner or
55	55	operator of a qualifying congenator as defined by Subdivision
56	56	31.002(13) is not considered to be a retail electric utility if the
57	57	owner or operator of a qualifying cogenerator is providing
58	58	electricity to a manufacturer of digital products and thermal,
59	59	steam, or waste heat to a colocated desalination facility.
60	60	SECTION 3. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2025.