80R9630 TAD-D
 
  By: Deshotel H.B. No. 2178
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the legislature's goal for electric generation capacity
using combined heat and power technology.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9042 to read as follows:
       Sec. 39.9042.  GOAL FOR COMBINED HEAT AND POWER
INSTALLATIONS.  (a) In this section, "combined heat and power
technology" means any technology that allows consumption of
electricity and thermal energy at an industrial or commercial
facility or building, provided that the efficiency of that
technology allows total energy captured and used to exceed 60
percent of the primary energy input. Combined heat and power
technologies include technologies that use natural gas or a number
of renewable energy sources such as solar, geothermal, or biomass
or biomass-based waste products, including landfill gas.
       (b)  It is the intent of the legislature that by January 1,
2016, a total of 21,000 megawatts of generating capacity from
combined heat and power technologies will have been installed in
this state. The cumulative installed combined heat and power
capacity in this state shall total 17,000 megawatts by January 1,
2010, 18,000 megawatts by January 1, 2012, 19,000 megawatts by
January 1, 2014, and 21,000 megawatts by January 1, 2016.
       (c)  The commission shall establish a combined heat and power
credits trading program. Any retail electric provider, municipally
owned utility, or electric cooperative that does not satisfy the
requirements of Subsection (b) by directly owning or purchasing
capacity using combined heat and power technologies shall purchase
sufficient combined heat and power credits to satisfy the
requirements by holding combined heat and power credits in lieu of
capacity from combined heat and power technologies.
       (d)  Not later than January 1, 2008, the commission shall
adopt rules necessary to administer and enforce this section. At a
minimum, the rules shall:
             (1)  establish the minimum annual combined heat and
power requirement for each retail electric provider, municipally
owned utility, and electric cooperative operating in this state in
a manner reasonably calculated by the commission to produce, on a
statewide basis, compliance with the requirement prescribed by
Subsection (a); and
             (2)  specify reasonable performance standards that all
combined heat and power capacity additions must meet to count
against the requirement prescribed by Subsection (b) and that:
                   (A)  are designed and operated so as to maximize
the energy output from the capacity additions in accordance with
then-current industry standards; and
                   (B)  encourage the development, construction, and
operation of new combined heat and power energy projects at those
sites in this state that have the greatest economic potential for
capture and development of this state's environmentally beneficial
combined heat and power resources.
       SECTION 2.  This Act takes effect September 1, 2007.