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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to the determination of the amount of energy available for  | 
      
      
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        sale from a clean energy project to a wholesale power purchaser. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subchapter D, Chapter 39, Utilities Code, is  | 
      
      
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        amended by adding Section 39.159 to read as follows: | 
      
      
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               Sec. 39.159.  DETERMINATION OF ENERGY AVAILABLE IN WHOLESALE  | 
      
      
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        POWER PURCHASE FROM CLEAN ENERGY PROJECT.  (a) In this section,  | 
      
      
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        "clean energy project" has the meaning assigned by Section 120.001,  | 
      
      
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        Natural Resources Code. | 
      
      
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               (b)  The commission by rule shall require that the Electric  | 
      
      
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        Reliability Council of Texas, or another independent organization  | 
      
      
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        certified under Section 39.151, in determining the total amount of  | 
      
      
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        energy that is available for sale from a clean energy project to a  | 
      
      
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        wholesale power purchaser, ensure that the energy: | 
      
      
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                     (1)  is measured by the Carbon Management Advisory  | 
      
      
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        Board as having been produced by the clean energy project's  | 
      
      
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        facility; and | 
      
      
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                     (2)  is not netted against any market power purchases   | 
      
      
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        that have been procured or delivered to the interconnection point  | 
      
      
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        for the operations of other commercial loads within the facility. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2013. |