| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to distributed generation of electric power by natural gas |
|
|
powered generation facilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.002, Utilities Code, is amended by |
|
|
adding Subdivision (4-a) and amending Subdivision (10) to read as |
|
|
follows: |
|
|
(4-a) "Distributed natural gas generation facility" |
|
|
means a facility installed on the customer's side of the meter that |
|
|
is used for the generation of not more than 2,000 kilowatts of |
|
|
electricity. |
|
|
(10) "Power generation company" means a person, |
|
|
including a person who owns or operates a distributed natural gas |
|
|
generation facility, that: |
|
|
(A) generates electricity that is intended to be |
|
|
sold at wholesale; |
|
|
(B) does not own a transmission or distribution |
|
|
facility in this state other than an essential interconnecting |
|
|
facility, a facility not dedicated to public use, or a facility |
|
|
otherwise excluded from the definition of "electric utility" under |
|
|
this section; and |
|
|
(C) does not have a certificated service area, |
|
|
although its affiliated electric utility or transmission and |
|
|
distribution utility may have a certificated service area. |
|
|
SECTION 2. The heading to Subchapter B, Chapter 35, |
|
|
Utilities Code, is amended to read as follows: |
|
|
SUBCHAPTER B. EXEMPT WHOLESALE GENERATORS, DISTRIBUTED NATURAL GAS |
|
|
GENERATION FACILITIES, AND POWER MARKETERS |
|
|
SECTION 3. Subchapter B, Chapter 35, Utilities Code, is |
|
|
amended by adding Section 35.036 to read as follows: |
|
|
Sec. 35.036. DISTRIBUTED NATURAL GAS GENERATION |
|
|
FACILITIES. (a) A person who owns or operates a distributed |
|
|
natural gas generation facility may sell electric power generated |
|
|
by the facility. The electric utility, electric cooperative, or |
|
|
retail electric provider that provides retail electricity service |
|
|
to the facility shall: |
|
|
(1) purchase electric power tendered to it by the |
|
|
owner or operator of the facility at a fair market value price; or |
|
|
(2) allow the owner or operator of the facility to use |
|
|
the transmission and distribution facilities to transmit the |
|
|
electric power to another market that is acceptable to the owner or |
|
|
operator in accordance with commission rules. |
|
|
(b) A distributed natural gas generation facility must |
|
|
comply with emissions limitations established by the Texas |
|
|
Commission on Environmental Quality for a standard emissions permit |
|
|
for an electric generation facility unit installed after January 1, |
|
|
1995. |
|
|
SECTION 4. Subsection (c), Section 39.351, Utilities Code, |
|
|
is amended to read as follows: |
|
|
(c) The commission may establish simplified filing |
|
|
requirements for distributed natural gas generation facilities [A
|
|
|
power generation company may register any time after September 1,
|
|
|
2000]. |
|
|
SECTION 5. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |